- 194 - 1441(c), and they have not addressed whether LTD’s shareholders were engaged in trade or business within the United States. Accordingly, we treat the issue as having been conceded by petitioners. Rybak v. Commissioner, supra at 566. Because LTD is not eligible for exemption from withholding pursuant to section 1441(c), LTD is a withholding agent pursuant to sections 1441(a) and 7701(a)(16) and therefore must pay a 30-percent tax on the dividend. D. Whether LTD Is Entitled to Deductions 1. Law A foreign corporation engaged in trade or business within the United States during the taxable year is allowed deductions from its section 882(a) income "only if and to the extent that such deductions are connected with income which is effectively connected with the conduct of a trade or business within the United States". Sec. 882(c)(1)(A). The proper apportionment and allocation of such deductions are determined as provided in regulations prescribed by the Secretary. Id. A foreign corporation receives the benefit of such deductions "only by filing or causing to be filed with the Secretary a true and accurate return, in the manner prescribed in subtitle F, including therein all the information which the Secretary may deem necessary for the calculation of such deductions". Sec. 882(c)(2); see also sec. 1.882-4(b)(1), Income Tax Regs. If a true and accurate return is not filed, "the taxPage: Previous 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 Next
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